SIMARJIT KAUR Vs. BAKSHISH SINGH

JUDGEMENT

(1.) THIS is wife's appeal under Section 28 of the Hindu Marriage Act (hereinafter in short the 'Act) against the judgment and decree dated 17.5.1990 in H.M. Case No. 51 of 1988 filed by the respondent -husband under Section 13 of the Act for dissolution of marriage by a decree of divorce on the ground of cruelty.

(2.) THE parties were married at village Pandori Nizran, Tehsil and District Jalandhar about 5 years before filing Divorce Petition dated 11.8.1988. The appellant gave birth to two sons in this wedlock. After the marriage the appellant treated the respondent with utmost cruelty giving reasonable apprehension to him that it is not safe for him to live with the appellant. Soon after the marriage, she started showing her disrespect and hatred for the respondent as well as for his parents. She always humiliated and insulted them not only before their relations but even before their servants. Her behaviour was so much contemptuous towards respondent's parents that she used to say openly that she will not live with them and she will offer prayer at their demise. She used to loiter in the village after sun set despite the fact that the respondent and his parents forbade her not to go out after the sunset. On one occasion while she was wandering aimlessly. She was molested by two persons which brought ill fame to the respondent's family. She was in the habit of going on the roof -tops and make indecent gestures towards passers -by which also gave an opportunity to the villagers to comment that the respondent has failed to satisfy her sexually. She never did any house -hold work. Respondent's mother was not keeping good health, but as the appellant was not helping in looking after the household chores, the respondent's mother was compelled to do that work also. Many a times, she used to tell him contemptuously that his appearance is like that of a monkey. He should thank his stars that she has consented to marry him otherwise even a Chuhri (scheduled caste woman) would not have agreed to marry him. Thus, she made his life miserable and expressed her immense disrespect towards him. When the second son was only a month old, and their elder son was about 2 1/2 years old, she left the matrimonial home against his wishes and consent and went to her parental home with the younger son, leaving the elder one, in his house, when the child needed her love, affection and care most. Thereafter despite his various efforts to bring her back, the appellant has not rejoined him. He convened a Panchayat to bring her back, but she totally declined and insisted that he should divorce her and return her dowry articles. Thereafter on 26.6.1988 he returned the dowry articles to her and on 9.7.1988 a deed was written whereby their marriage was dissolved by mutual consent. Both the spouses and their parents signed this deed of dissolution of marriage. He has not condoned her acts of cruelty. Thus on the ground of cruelty he has prayed a decree of divorce.

(3.) THE respondent -petitioner filed replication to her written reply and denied the allegations made by her. Trial Court framed issues, recorded evidence and arrived at a conclusion that the respondent has proved the ground of cruelty and thus the decree of divorce was passed.